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Full-Text Articles in Law

If You Don't Care, Who Will?, Chad J. Pomeroy Jan 2021

If You Don't Care, Who Will?, Chad J. Pomeroy

Faculty Articles

As a property law professor, I have lately found myself thinking a lot about privacy rights. Initially, the two topics (property and privacy) perhaps do not seem closely related, but I think they are—or, at least, I think the tie between the two is becoming much more pronounced and important, as modern life becomes ever more techno-centric. specifically, I think that privacy rights are, at this point, essentially an outgrowth of property rights. That is, one's right to privacy is dependent on what we traditionally view as one's property rights. At least, I think this is the current state of …


Privacy Law Disparities Between The United States And The European Union, Brandon Deluca May 2019

Privacy Law Disparities Between The United States And The European Union, Brandon Deluca

Honors College Theses

Data is the world’s most valuable resource today. In the 21st century, big data has overtaken the world’s commonly known large industries to become one of the most sought after markets, and companies pay to own this data (The Economist, 2017). Advertisements may have been targeted towards demographics such as race or sex in past years. However, in the digital age, the capability exists to push advertisements to the screens of specific users with known interests. This has been made possible, in part, by unregulated data collection practices across the globe, including in the United States and the European Union. …


Data Collection And The Regulatory State, Ahmed Ghappour Sep 2017

Data Collection And The Regulatory State, Ahmed Ghappour

Faculty Scholarship

The following remarks were given on January 27, 2017 during the Connecticut Law Review’s symposium, “Privacy, Security & Power: The State of Digital Surveillance.” Hillary Greene, the Zephaniah Swift Professor of Law at the University of Connecticut School of Law, offered introductory remarks and moderated the panel. The panel included Dr. Cooper, Associate Professor of Law and Director of the Program on Economics & Privacy at Antonin Scalia Law School at George Mason University, Professor Ghappour, Visiting Assistant Professor at UC Hastings College of the Law, Attorney Lieber, Senior Privacy Policy Counsel at Google, and Dr. Wu, Professor of Law …


Protecting Privacy In The Era Of Smart Toys: Does Hello Barbie Have A Duty To Report, Corinne Moini Jan 2017

Protecting Privacy In The Era Of Smart Toys: Does Hello Barbie Have A Duty To Report, Corinne Moini

Law Student Publications

“‘Yay, you’re here!’ Barbie said eagerly. ‘This is so exciting. What’s your name?’…’I just know we’re going to be great friends.’” With a simple greeting, Hello Barbie has infiltrated your child’s life. Each time your child wishes to engage, they simply press on Barbie’s belt buckle and speak. Unlike other talking toys, the button on Barbie’s belt is not to play one of the pre-recorded statements that are installed in the toy. Instead, the button is used to record and transmit what your child says to an online storage cloud where it will be reviewed and used to create an …


From Anonymity To Identification, A. Michael Froomkin Jan 2015

From Anonymity To Identification, A. Michael Froomkin

Articles

This article examines whether anonymity online has a future. In the early days of the Internet, strong cryptography, anonymous remailers, and a relative lack of surveillance created an environment conducive to anonymous communication. Today, the outlook for online anonymity is poor. Several forces combine against it: ideologies that hold that anonymity is dangerous, or that identifying evil-doers is more important than ensuring a safe mechanism for unpopular speech; the profitability of identification in commerce; government surveillance; the influence of intellectual property interests and in requiring hardware and other tools that enforce identification; and the law at both national and supranational …


Regulating Mass Surveillance As Privacy Pollution: Learning From Environmental Impact Statements, A. Michael Froomkin Jan 2015

Regulating Mass Surveillance As Privacy Pollution: Learning From Environmental Impact Statements, A. Michael Froomkin

Articles

Encroachments on privacy through mass surveillance greatly resemble the pollution crisis in that they can be understood as imposing an externality on the surveilled. This Article argues that this resemblance also suggests a solution: requiring those conducting mass surveillance in and through public spaces to disclose their plans publicly via an updated form of environmental impact statement, thus requiring an impact analysis and triggering a more informed public conversation about privacy. The Article first explains how mass surveillance is polluting public privacy and surveys the limited and inadequate doctrinal tools available to respond to mass surveillance technologies. Then, it provides …


Systematic Government Access To Private-Sector Data Redux, Fred H. Cate, Christopher Kuner, Christopher Millard, Dan Jerker B. Svantesson Jan 2014

Systematic Government Access To Private-Sector Data Redux, Fred H. Cate, Christopher Kuner, Christopher Millard, Dan Jerker B. Svantesson

Articles by Maurer Faculty

No abstract provided.


Systematic Government Access To Private-Sector Data, Fred H. Cate, James X. Dempsey, Ira S. Rubenstein Jan 2012

Systematic Government Access To Private-Sector Data, Fred H. Cate, James X. Dempsey, Ira S. Rubenstein

Articles by Maurer Faculty

No abstract provided.